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Home My WebLink About20152640.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF-SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR15-0016 - WES MOSER, INC., C/O MAGELLAN MIDSTREAM PARTNERS, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 27, 2015, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR15-0016, for Wes Moser Inc., 6600 West 20th Street, #11, Greeley, CO 80634, do Magellan Midstream Partners, LP, 15000 Smith Road, Aurora, CO 80011, for Mineral Resource Development Facilities, including an Oil and Gas Storage Facility and Transloading in the A (Agricultural) Zone District, on the following described real estate, to-wit: E112 of Section 25, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wes Moser, Inc., do Magellan Midstream Partners, LP, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Company Check #9700000132, from Saddlehorn Pipeline Company, LLC, One Williams Center, P.O. Box 22186, Tulsa, OK 74121-2186, in the amount of $3,600.00, and drawn on JPMorgan Chase Bank NA, Chicago IL, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Company Check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wes Moser, Inc., do Magellan Midstream Partners, LP, be, and hereby is, approved. BE IT FURTHER RESOLVED that Company Check #9700000132, from Saddlehorn Pipeline Company, LLC, One Williams Center, P.O. Box 22186, Tulsa, OK 74121-2186, in the amount of $3,600.00, and drawn on JPMorgan Chase Bank NA, Chicago IL, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC•?0;TC;Gam gin 4134692 Pages: 1 of 28 08/18/2015 10:25 AM R Fee:$0.00 2015-2640 Carly Koppes. Clerk and Recorder. Weld County CO ■IIIl!!.iL'VAiICIlLi+111,1CI•1f:..111114411i"i 11111 PL2343 IMPROVEMENTS AGREEMENT - WES MOSER , INC . , C/O MAGELLAN MIDSTREAM PARTNERS . LLC PAGE 2 The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 5th day of August. A. D . . 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /, ATTEST: C., JCS;Barbara KirkmeY S 7AA J4-ll,u u ‘41“-tjea er, Chai Weld County Clerk to the Board Mike Freeman , Pro-Tem B Y: 6-) (v / uty Clerk to th Board e'"---- ^ 7 Ea Sean P. Conway VEDA • - ► : itoi ® tvi �� teve Moreno Date of signature: 80 �� 1 4134692 Pages : 2 of 28 08 / 18/2015 10 : 25 AM R Fee : $0 . 00 $0 . 00TH 4 Lnd Recorder Weld County �'� 1 I1 Carty KoPPeS . Clerk ,I�t��l 1,�Z I��fIiII � #II■ ��I.I �Y ��IIi ,I III ■III k!�1�'�"��I��4I4ti 2015-2640 PL2343 MEMORANDUM 4...,, TO: Clerk to the Board itibi I _ ;tamp�8 6 .ter X �rDATE: 7/30/2015 FROM: Richard Hastings, Public Works Department NI cy."14-1 N_ ` GOUTY SUBJECT: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: Wes Moser, Inc., c/o Magellan Midstream Partners, LP — USR15-0016 Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant, Abigail Wendt/Magellan Midstream Partners, LP, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Mineral Resource Development Facility including an Oil and Gas Support and Service Facility and Transloading, (USR15-0016), located at CR's 30 & 49, east of the town of Platteville. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the Y above-mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. The Agreement has been signed by Jay McDonald/Public Works Director and reviewed by Bob Choate/Assistant County Attorney.. No revisions to Part 2 of the Agreement were made. g Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant, Abigail Wendt/Magellan Midstream Partners, LP requesting that the Board of County Commissioners consider accepting off- site collateral in the form of a Company Check — Saddlehorn Pipeline Company, LLC (JPMorgan Chase Bank) in the amount of above-mentioned $3,600.00, f r o the abo a mentioned Improvements Agreement. Recommendation: The Department's of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements and the acceptance of off-site collateral, in an amount of $3,600.00, for Magellan Midstream Partners, LP — (USR15-0016). pc: Elizabeth Relford, Public Works Kim Ogle, Planning Services 2015-2640 Bob Choate, Assistant County Attorney U:\Engineering\PLANTNING — DEVELOPMENT RE VIE W\-2015 Planning Referrals\USR15\USR15-0016 Magellan\Improvements AgreementlApprove IA & Accept Collateral (USRI5-0016) Saddlehorn Magellan - MEMO.docx IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Wes Moser, Inc., c/o Magellan Midstream Partners, LP— USR15-0016 Part 1 : Site Specific Provisions THIS AGREEMENT is made this (7 day of J , 201, , by and between, Wes Moser, Inc. whose address is 6600 West 20th Street, #U, Greeley, Colorado 80634, hereinafter referred to as "Property Owner," Saddlehorn Pipeline Company LLC, a Delaware limited liability company, with offices at One Williams Center OTC-9, Tulsa, Oklahoma 74172 hereinafter called "Lessee" or "Operator", authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH : WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: E1 /2 of Section 25, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS Lessee has leased the Property from the Property Owner and WHEREAS, County has approved land use permits for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility and Transloading, on approximately 80 acres on the above described real property, and the County is currently in the process of considering an Use-by-Special Review for the Property (USR15-0016), and WHEREAS, the Lessee acknowledges that the issuance of USR15-0016 is conditional upon Lessee performance of the on-site and off-site improvements which are described in this -ea Agreement and depicted in the Plat Map and the set of accepted Construction Plans, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and >4 WHEREAS, the Lessee acknowledges that it may not engage in any activity described in s2 USR 15-0016 and/or any activity related to the businesses described above until said ow - 5 m 3 improvements have been completed,and a . 01 :s :A WHEREAS, the Lessee agrees that pursuant to the provisions of Weld County Code Sec. cecr an. 23-2-290, the failure to commence construction of the improvements outlined herein or to orrvamp- commence the use of the Property as approved in USR 15-0016 within three (3) years of the approval of the permit issued under USR15-0016, may result in the revocation of USR15-0016, mo g upon consideration and order of the Board of County Commissioners, and vl lir y r Nm Q1 lof22 o N o � C:\Userslawade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USR15-0016 era 6 ri co ti Part 1 Site Specific Provisions-Final IA (7-2-15) (2).docx �D �'� - a Q upon consideration and order of the Board of County Commissioners, and WHEREAS, the Lessee agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of US 15-0016, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Lessee shall provide collateral for all off-site improvements required by this Agreement when; the Lessee submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off-Site Improvements: 1 .0 Weld County Road 30: The Lessee shall be responsible for the construction of certain on-site and off-site safety improvements, which shall include: construction of adequate turning radii sixty (60) feet at the main entrances and exits which extend partially into CR 30 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans and/or USR15-0016 plat. The main entrance improvements will include County approved tracking control, placed across the entire width of the CR 30 roadway access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent CR 30 roadway. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post additional "Road Maintenance Collateral". A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Lessee is solely responsible for all designated improvements, as specified above in Section A. 1 .0, on CR 30 and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future Ai right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Lessee shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, g (hereinafter "CDPHE") and other Federal, State or County regulatory agencies. tin 0 — N % ?e 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set- - forth in Section A. 1 -2 above, all engineering designs and construction plans must be provided cr is m by Lessee. All plans showing work within the County shall be reviewed and accepted by Weld •• - -2 A. County, prior to the start of construction. For all construction in the County right-of-way, prior to �a the issuance of any access permit or right-of-way permit, a construction schedule giving times 4N � - ?so H 2of 22 N m a� C:\Users\awade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USR15-0016 Part 1 Site Specific Provisions-Final IA (7-2-15).docx and locations of all proposed improvements shall be provided to Public Works for review and acceptance. The approved and accepted construction plans are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of- Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Lessee shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter "MUTCD"). 6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Lessee is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Lessee based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Lessee sourced traffic. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Lessee haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the vicinity of the site attributable to Lessee (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Lessee shall address all County access issues associated with afore-mentioned haul route. Future County mandated measures may include improvements to any haul route intersections or roadways then utilized by Lessee. Lessee shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Lessee's share of ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations --tea regarding the gathering of and use of traffic data when making decisions regarding cost sharing. 82 In order to accurately determine percentage of Lessee haul traffic, the County reserves the right y du to install traffic counters on the driveway(s) of their facility. Future improvements will be subject to any Federal, State or County regulations in place at the time the improvement project -0 -* is initiated. Haul Route improvements may be triggered due to heavy truck traffic associated co • 3 j with the facility. Net?, LFr V- Wm n411`� L. The following is a list of the American Association of State Highway & Transportation Officials, (hereinafter "AASHTO ') site-specific triggers for turn lanes: a a. 25vph turning right into the facility during a peak hour. (LNG) X b. 50 vph turning right out of the facility during a peak hour. e" 3of22 y C:\Users\awade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USR 15-0016 cn N o '11 Part 1 Site Specific Provisions-Final IA (7-2-15).docx \Y M\~ = c. 10vph turning left into the facility during a peak hour. 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Lessee shall not be required to complete the aforementioned offsite improvements as described in Sections A. 1 .0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit or the commencement of activities on the property(s). At that time, Lessee agrees that the required off- site collateral will be posted and all on-site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Lessee shall contact a representative of the Weld County Department of Public Works and request an inspection of the off-site improvements described in Sections A. 1 .0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6. 1 -6.3. 9. 1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1 .0 Established Haul Routes from the facility access point: 1 . 1 Exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses onto CR 30, for further dispersal. Any County roads routinely utilized by USR15-0016 haul traffic may become part of the i established haul routes. o s _,1„ 1 .2 No haul vehicles may exceed CDOT required specifications for pounds per axle. Sam U � i � 3 1 .3 In unusual or rare occasions, if particular projects mandate deviation from • co L __ the above-mentioned haul route for a limited period of time (which is 0 y ,� defined in this Agreement as a period of not more than thirty days), which 0 shall be established by County at the time that the deviation is allowed. If County approves such deviation, haul vehicles will utilize paved county ma ti _ - roads whenever possible. A deviation from the established Haul route Y N _ lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section B.4.0. e 4of 22 N Y 'ti C:\Users\awade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USR15-0016 � - Part 1 Site Specific Provisions-Final IA (7-2-15).docx 'too In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage (If Applicable): Lessee shall install haul route signs, as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section B. 1 .3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Lessee or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Lessee 's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Lessee agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Lessee based upon then current truck trip counts that identify traffic loading due to Lessee -sourced traffic. The amount and extent of dust control and/or paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. C. County Road Maintenance Requirements: 1 .0 Obligation to Maintain Current and Future Haul Routes: Lessee will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by hauling to and from the Property. Should Lessee's site activities and/or should Lessee's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Lessee's sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of County roads, Lessee shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes fa the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. V =. m y 1 . 1 Need for Immediate Repairs: In the event of damage to an Approved Haul wet,: Route by Project traffic that causes an immediate threat to public health w mom ,- and safety or renders the road impassible ("Significant Damage"), County urn- shall, after inspection, notify Lessee of such Significant Damage. Lessee shall identify the repair required and shall consult with County on the cn ` # extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and a N m -� P ) ty- p mU � 5of 22 m C:\Users\awade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USR15-0016 ale N Y a m Part 1 Site Specific Provisions-Final IA (7-2-15).docx eGo shall commence such repair within forty-eight 48 hours after receipt of P ( ) P such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Lessee identifies Significant Damage prior to receiving notice thereof from County, Lessee may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 1 .2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient funds for the following calendar year to pay its share of the Off- Site Improvement/Repair Costs, County shall notify Lessee in writing that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Lessee shall submit Off- Site Construction Plans and Cost Estimates to County for review. Lessee shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 1 .3 In County's sole discretion, County may undertake the repairs and/or improvements. Lessee's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 1 .4 The County shall notify Lessee of County's preliminary determination and assessment of Lessee's proportionate share of costs of dust control, paving, repairs and maintenance on any particular Haul Route Road. Prior to County's final determination and assessment, County shall provide Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and ti determinations. The County shall review and consider Lessee's input --Z prior to making a final determination and assessment. The County shall ohave sole responsibility for determination of Lessee's proportionate share __ of costs. -0 aiat � 3 i CO 2.0 Annual Road Inspection: County will conduct a road inspection annually with the v1 � o o cooperation of Lessee and all other Property Owners and/or Lessees who are required by County co m =_ to participate in road improvement/maintenance agreements. As a result of the annual inspection, c County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. �- so Notification to the Lessee of the required roadway repairs will be given as soon as the data y f"' 6of 22 N m 0. C:\Users\awade\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YNX7C3KY\Moser C-O Magellan USRI5-0016 O1;11! "I tOc�a Part I Site Specific Provisions-Final IA (7-2-15).docx ee re — becomes available. 3 .0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Lessee shall pay a proportionate cost of a complete restoration based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or exiting Lessee's site onto the haul route in the implementation of the above-mentioned improvements. Notification to the Lessee of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project, as described in Section C. 1 .0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or Lessees: It is anticipated that Lessee and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Lessee, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between the Lessee and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Lessee does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Lessee land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Lessee. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR15-0016 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On-Site Improvements: (No On-Site Collateral is required for USR15-0016 but Lessee shall complete all On-Site Improvements as shown on the accepted Construction Plans and Plat _ Map for USR 15-0016.) 1 .0 Landscaping and Fencing Requirements: Lessee shall landscape and/or maintain ii the landscaping and re-seeding of the property where applicable as shown on the accepted o _ Construction Plans and USR 15-0016 plat map. Specifically, Lessee shall at its own expense, } plant, install and/or maintain all grass and other landscaping and re-seeding where applicable as Ci shown on the accepted Construction Plans and USR 15-0016 plat map. Additionally, the Lessee et y shall install and/or maintain fencing to screen the property where applicable as indicated on the CD 03 N 3 ti accepted construction plans and USR l 5-0016 plat map. In the event any of these improvements v� S' may include work extending into State or County Right-Of-Way, a Right-Of-Way or access � , permit is required. o! ;sir -24r 2.0 On-Site Grading, Drainage Facilities and Paving: Lessee shall, at its sole o in Y Y expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking d. Nn, 7. 7of 22 C:\Users\awade\AppData\.Local\Microsoft\Windows\Temporary Internet Files\Conten[.Outlook\\YNX7C3KY\MoserC-O Magellan USR15-0016 ale cn N o mg Part 1 Site Specific Provisions-Final IA (7-2-15).docx ct 2 Ca � 0ti = areas, and install accepted drainage and signage components , adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and USR 15-0016 Plat Map. The main entrance improvements will include; construction of adequate turning radii at the CR 30 roadway access for USR 15-0016. Any other on-site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Lessee shall be responsible for all maintenance of the on-site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right-Of- Way in which case a Right-Of-Way or access permit is required. 3 .0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Lessee shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all off-site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right- Of-Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Lessee agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E.7.2 and Exhibit B. The Lessee's failure to complete the On-Site Improvements within the time period(s) established by Resolution approving USR 15- 0016, and/or set forth within the context of this Agreement may, at County's option, result in the revocation of said land use permit. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Lessee shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on-site improvements described in Section D. 1 .0 and D.2.0 above. The County' s representatives may _ then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6. 1 -6.3 . The BOCC does not represent or ensure the on-site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for AAi improvements designed and/or constructed by others. V C � m - � 03 CD N • 3 m -- L =� "End of Part 1 " � ov as re- ,S,) a8Nis n:if `_ AM C -r N Q m rem— GO r 8of22 C:\Users\awade\AppData'\Local\Microsoft\Windows\Temporary Internet Files',Content.Outlook\YNX7C3KY'.Moser C-O Magellan USR l5-0016 in To N m a -- Part 1 Site Specific Provisions-Final [A (7-2-15).docx cnNo to "� � IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Wes Moser, Inc., c/o Magellan Midstream Partners, LP — USR15-0016 Part 2: General Provisions E. General Requirements: 1 .0 Engineering Services: Lessee shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1 . 1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1 .2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1 .3 Lessee shall furnish construction drawings for the road improvements on public rights-of-way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights-of-way or easements, Lessee shall acquire, at the sole expense of Lessee, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR 15-0016 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On- site), and improvements to public rights-of-way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Lessee. 9 of 22 C:\Users\mfazcl\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\6Z19JZKM\Moser CO Magellan (USR 15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 11 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO ■III k!railtllq«h' i��i'��E�� i'ti Nif Y t I�I, " Ill 3. 1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Lessee shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Lessee shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Lessee's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Lessee. 4.0 Release of Liability: Property Owner and Lessee shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On-Site and Off-Site Improvements: Lessee shall warranty all improvements to public rights-of-way, (if any), and all privately created and maintained roads or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon compliance with the following procedures by the Lessee, the improvements shall be deemed accepted by the County, if collateral had been initially posted for the improvements. The BOCC does not represent or ensure the on-site improvements will be constructed and/or available for their intended use(s). 10 01.22 C:\Usas\rnfazed'AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Oudook\6ZI9JZKM\Moser CO Magellan (USR 15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 12 of' 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes : Clerk d Recorder, Weld Coun,l col Ir I�I��I ,I III 1111110.017.14.1142031V 6. 1 If requested by the Lessee and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Lessee. 6.3a Upon completion of the construction of the required off-site improvements, and the filing of a Statement of Substantial Compliance by Lessee's engineer, the Lessee may, as set forth in Section A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the Lessee, inspect the subject improvements, and notify the Lessee of any deficiencies. If any deficiencies are discovered, the Lessee shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Lessee that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on-site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Lessee's engineer, the Lessee may, as set forth in Section D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted if collateral had been initially posted for the improvements, and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of the Lessee, inspect the subject improvements, and notify the Lessee of any deficiencies. If any deficiencies are discovered, the Lessee shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Lessee that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full l l of 22 C:\Users\mfaxel\AppData\Local\Microsof\Windows\Temporary Internet Files'Content.Outlook\6Zl9JZKM\MoserC-O Magellan (USR 15-00I6) Part 2 General Provisions- Final IA '-uptla (3).docx 4134692 Pages : 13 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO ■III F'r rJ'lV !il41 I61L K^ Yri 11111 acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: (Currently no on-site collateral for USR 15-0016 is required, but possible future on-site collateral may be required by County, should the Lessee revise conditions of operation in the future.) 7. 1 County requires Lessee to provide collateral to guaranty all of Lessee's obligations under this Agreement: ( 1) Project Collateral for completion of all improvements described in this Agreement shall be provided for off- site improvements with no on-site collateral for USR15-0016 required at this time. Possible future on-site collateral may be required by County, should the Lessee revise conditions of operation in the future. (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and USR 15-0016 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One-Hundred Percent ( 100%) of the value of the improvements as shown in this Agreement This collateral must be submitted to County upon the execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all off-site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Lessee fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. 12 of 22 C:\Users\mfazcl\AppData\Local\Microsoll\Windows\Temporary Internet Fiks\Content.Outlook\6Z19JZKM\MoscrC-O Magellan (USRI5-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 14 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder Weld County , CO ■III �� Ili' �I��l'f'�+��,w��li;;'�,� t i' NVttl' GMLV.iiilyi, II HI If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved USR15-0016 activities are initiated. If the County has accepted a Corporate Guaranty as collateral pursuant to Weld County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be submitted at the time of approval of the Improvements Agreement or at such time that approved permit activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF-SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Lessee upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by County, if following notification to Lessee of required roadway safety related repairs, Lessee fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Lessee shall replace the amount, plus interest, within six (6) months. 7.5. 1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Lessee may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Lessee to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. 7.5.2 Road Maintenance Collateral (For Off-Site Dust Control - If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the USR's designated haul route, only if the Lessee does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and 13 of 22 C:\Users\mfazcl\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6ZI9JZKM\Moscr C-O Magellan (USR15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 15 of 28 08/ 18/2015 10 : 25 AM R and caw; $0W County , COaiiic �tti1' ��U Si III III following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted by the Lessee upon execution of this Agreement, as herein defined. 7.6. 1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Lessee's operations pursuant to USR15-0016 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Lessee to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one-hundred percent ( 100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. The Lessee shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Lessee upon request. 7.8 Collateral may be in the form of a corporate guaranty given by a legal entity in good standing and authorized to do business in the State of Colorado or the applicable governmental licensing agency of the Guarantor's state of incorporation, in an amount equivalent to one hundred percent ( 100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The corporate guaranty shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Lessee shall utilize only a County approved form when obtaining a corporate guaranty: (CORPORATE GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Lessee upon request. 14 of 22 C:1Users\mfazel`AppData\Local\Mierosoft'Windows',Temporary Internet Files\Content.outlookN6Z19JZKM`,Moser C-O Magellan IUSR15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 16 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO Nil W IWI! 11111 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent ( 100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 13.4. The Lessee shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Lessee upon request. 7. 10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent ( 100%) of the value of the improvements set forth in the Improvements Agreement. In the event the Lessee is required to warranty the improvements, the Lessee shall replace the original deposit with a deposit in the amount of fifteen percent ( 15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7. 11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best, or as collateral in the form of a corporate guaranty offered by a legal entity which does not have a rating classification of 5A, 4k or 3A, and does not have a Composite Credit Appraisal of 1 , 2, or 3 given by Dun and Bradstreet Credit Rating Reports. If the Applicant meets all of the requirements provided in the previous sentence regarding a corporate guaranty, the Board may then decide whether acceptance of a corporate guaranty agreement is appropriate under the circumstances. The Board may consider ( 1 ) the value listed in the improvements agreement, (2) the net worth of the Guarantor, (3) the Applicant's history regarding successful local projects, and (4) anything else the Board deems relevant and appropriate for consideration for a corporate guaranty as a form of acceptable collateral. The Board further reserves the right to require Lessee to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Lessee within sixty (60) days of the Board's notice to Lessee that the rating has fallen and that the collateral must be replaced. Lessee may not terminate existing collateral until replacement collateral has been secured. 15 of 22 C:`.Users\mfazel\AppData\Local\Microsotl\Windows\Temporary Internet Files\Content.Outlook'0Zt9JZKM\Moser C-O Magellan (USR15-0016) Part 2 General Provisions- Final 1A+upda (3).docx 4134692 Pages : 17 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County CO ■III !4��.rL'�4,11��4 l�,F'�'�k'�i�tJn'�� ',��N�� 11 111 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Lessee must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8. 1 The Lessee's Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Lessee has completed improvements as shown on the USR 15-0016 accepted Construction Plans and Plat Map, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Lessee's Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Lessee (if Lessee has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 16 of 22 C:\Users\mfazcl\AppData\Local\Microsoft\Windows\Tcmporary Internet Files\Content.outlook\6ZI9JZKM\MoserC-O Magellan (USR15-0016) Part 2 General Provisions- Final lA+upda (3).docx 4134692 Pages : 18 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County CO 11111FA.1 l�� ,�l��r'I ��, W'�Ir�'�F'��1�4 M,�� IUD Ii I� 1111I1 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site and/or off-site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off-site improvements (including improvements to public rights-of-way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Lessee following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8. 10 For all off-site improvements (including improvements to public rights-of- way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner and/or Lessee without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Lessee's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1 .2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Lessee in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Lessee, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 17 of 22 C:\Users\mfazel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook16Z19JZKM\Moser C-O Magellan (USR 15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 19 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder , Weld County CO Nall 10.47:& I1 I SCI n lWWPI4��I�1� ,sIII III 11 .0 Violation of Terms of Agreement: If in County's opinion, Lessee has violated any of the terms of this Agreement, County shall notify Lessee of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Lessee shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1 .0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1 . 1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR 15- 0016 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and Lessee and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2- 200.E of the Weld County Code. 1 .2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR 15-0016 by New Lessee: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR15-0016 with a new Property Owner and/or Lessee who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1 .3 Execution of Replacement "Improvements Agreement According to P P �' Policy Regarding Collateral for Improvements — USR15-0016 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements - USR15-0016 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2. 1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1 . 1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the 18 of 22 C:\Users\mfazel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6Z19JZKM\Moser C-O Magellan (USR 15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 20 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO 1111 FAN IJ14k '! ' IVI IWTTAII,YrL Itli'iliiiri, Ill II Property. The results of the inspection shall be delivered in writing to the Lessee and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Lessee or Operator desires to assign its rights and obligations under this Agreement to a successor Lessee or Operator, the Lessee or Operator shall, prior to the transfer, provide Property Owner and County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Lessee and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Lessee would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Lessee and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements USR 15-0016 with a successor Lessee and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Lessee and/or Operator posts collateral for the required maintenance. 3 .0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Lessee and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Lessee and/or Operator from all further q obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR15-0016 with a Lessee and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR15-0016 with a successor Lessee and/or Operator, the predecessor Lessee and/or Operator shall have no further rights and/or obligations under this Agreement or in USR 15-0016. 19 o122 C:\Userslmfazcl\AppData\Local\Microsoil\Windows\Temporary Internet Files`Content.Outlook\oZI9JZKM\Moser CO Magellan (USR 15-0016) Part 2 General Provisions- Final IA I upda (3).docx 4134692 Pages : 21 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO ■III raFF,%110141glidiriLINLI: ieilKi I ill:'1 it i i Bill 5.0 Consequence of Termination Pursuant to Section E. 11 .0: In the event that activities related to USR15-0016 cease as a result of the revocation of the permit as described in Section E. 11 .0 of this Agreement, neither Lessee nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Lessee's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-1 0- 101 et seq., as applicable now or hereafter amended. H. Enforcement: If, in the County's opinion, Lessee has violated any of the terms of this Agreement, County shall notify Property Owner and Lessee of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute violation. Lessee shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Lessee must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Lessee shall provide the County with proof of Lessee's authority to enter into this Agreement within five (5) days of receiving such request. 20 o122 C:\Uscrs\mfaceRAppData\Local\Microsoft\Windows\Tempeurary Internet Files\Content.Outlook'.6ZI9JZKM\MoscrC-O Magellan (USR15-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 22 of 28 08/ 18/2015 10 : 25 AM R Fee rder Id III Ii yKop , Clerk and Recorder : Weld County , CO w!r��, ;r' M7i:Nl! L' rrv�it�« i �rix��srtwi �� , ■I Saddlehorn Pipeline Company, LLC, a Delaware limited liability company By: Magellan Pipeline Company, L.P., its Construction Manager By: Magellan Pipeline GP, LLC, its general partner Br {7yldirtiF K(/"Aa.66 K 111111111111 1 \ Name: Altai/ E we>I'1(;l* AIED. Title: C5 (2 Dr'o1e4 AMI ex (DK 41 1 /9 STATE OF COLORADO ) r IJL.r4 ) ss. County of 4— ) The foregoing instrument was acknowledged before me this -9-1z^ day of , 20 V by E - WITNESS my hand and official seal. T SHFRRE L GUTHRIE Notary l�,llaic Notary Public SHEhAJE t .. �-� I-Ib1 Le: Stele d Oklahoma Mi r `-' fl -79 SIGNATURE PRINTED NAME TITLE (If Applicable) STATE OF COLORADO ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of 2015, by WITNESS my hand and official seal . Notary Public My commission Expires: 21 of 22 C:\Users\mtazel\AppData\Local\Microsoft\Windows'Tcmporary Internet Files\Content.out look\6Zl9JZKM\Moser C-O Magellan (USR I 5-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 23 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder Weld County CO ■III w��L'�r Lisle it C'�7I1 1l d ' 'r'rl �f RN; Bill LESSEE (If Applicable): SIGNATURE PRINTED NAME TITLE STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of , 2015, by . WITNESS my hand and official seal. Notary Public My commission Expires: ATTEST: v• ad�r'� BOARD OF COUNTY COMMISSIONERS Weld C nt Clerk to the : oard WELD COUNTY, COLORADO BY: 6( (jkl(Aft- iAAA-L VZ/L-- Deputy Cl k to the : d� \ arbara Kirkmeye , Chair MG p 5 1015 `-: ti APPROVED AS TO FO ' t ,;r `s APPROVED TO SU : STANCE: ,cr'S e%lie4,4-t_ ( ' e County Attorney ��,�;�>.� .1 to fficial or : . artment Head 22 of 22 C:`,Users\mfazerAppData\Local\Microsoft\Windows\Tcmporary Internet Fills\Content.Outlook\bZI9JZKM\Moser CO- Magellan ( USRI S-0016) Part 2 General Provisions- Final IA+upda (3).docx 4134692 Pages : 24 of 28 �n /O-'0Z(p 4 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 0�4/ Carly Koppes . Clerk and Recorder Weld County CO ■III ram li,vi ON k Inkril h' WIMI N.IIii: ,EY), Ill 111 EXHIBIT A - Cost Sheet (OFF-SITE ) Name of Facility: Saddlehorn Platteville Terminal Filing/('ase#: I SR15-0016 Location: CR 30 and CR 49 Personnel Contact: Abigail Wendt Title: E&C Project Manager Phone: 918-574-7388 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF-SITE) (Leave spaces blank where they do not apply ) Ouantity Units Unit Costs (S) Estimated Construction Cost (5) )PUBLIC WORKS) Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Improvements Erosion Control Measures/BMP's Road Maint. Collateral (per Sec. E.-7.5) $3,600.00 Dust Control (per Sec. E.-7.5.2) Fire Hydrants Survey, Street Monuments/Boxes ),PLANNING SERVICES, Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements 4134692 Pages : 25 of 28 Handicap Accessibility, Parking & Rails 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO Septic Systems ■III ��Fa!'rVi 14%I ,NP, kW?!,4+1rIVAg1 11111 SUB-TOTAL: (Testing, inspection, as- uiit plans and work in ad ition to preliminary and Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) $3,600.00 EXHIBIT A - Cost Sheet (OFF-SITE ) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B • By: : ApplicantMaric, ey E c C P ro ec7 Date (�t.x ( 3 , 20� Title By: Applicant Date , 20 Title 4134692 Pages : 26 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO ■III f!PjNiI III,E1 4��b iid,J'ii:I E 'a Q ��'��M,�:� I''�� 11 II 1 EXHIBIT B - Time Schedule (ON-SITE ) & (OFF-SITE ) \amc of Subdivision, MD. USR, RE. SPR: Saddlchorn Filing/Case #:_1S-0016 Location: ('R 30 and CR 49 Intending to he legally hound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within 3 years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not app!;' ) (ONY-SITE j (OFF-SITE:I ,j PUBLIC WORKS, Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass [dined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes PLANNING SERVICES. Parking Area, Curb Stops, Bus kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems Final Completion Date for Entire Project December 31 , 2016 December 31 , 2016 4134692 Pages : 27 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00{�{� �I ` C arly KoPPI,s I Clerk tand ' Recorder +l � �`�fTfl �,ll ,�'1,� 'ifi ,llll W ll1N�'LFJT�F EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: 1/4. --toketi-t -likk346( Applicant eca P t O c c4 *OJRflqC( Date t 3 , 20 13 Title By: Applicant Date , 20 Title 4134692 Pages : 28 of 28 08/ 18/2015 10 : 25 AM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO I ,w�� , I'' BI II O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx Page 1 of 1 SADDLEHORN PIPELINE COMPANY, LLC PAYMENT INFORMATION ONE WILLIAMS CENTER P O BOX 22186 DATE: Jul 24, 2015 TULSA OK 74121-2186 Y CHECK NUMBER: 9700000132 AMOUNT PAID: $3,600.00 ACCOUNT NUMBER: 669032307 TRACE NUMBER: 00000000009741605 VENDOR ID: 25183 m o M 00000003-5 CPL06C 20415-6 FB - A0075037 VENDOR NAME: WELD COUNTY - COLORADO o WELD COUNTY - COLORADO _� DEPT OF PUBLIC WORKS =a 1111 H STREET _Q GREELEY CO 80631 IMMENIPMEI �ry Date Invoice Number Description Gross Amount Discount Net Amount 07/22/2015 22-JUL-2015 $3,600.00 $0.00 $3,600.00 Totals $3,600.00 $0.00 $3,600.00 rej- %%?s14 PLEASE DETACH BEFORE DEPOSITING CHECK SADDLEHORN PIPELINE COMPANY, LLC 70-2322 ONE WILLIAMS CENTER CHECK 719 P o Box 22186 NUMBER: 9700000132 TULSA OK 74121-2186 July 24, 2015 PAY TO THE WELD COUNTY - COLORADO ORDER OF DEPT OF PUBLIC WORKS AMOUNT 1111 H STREET GREELEY CO 80631 $ 3 , 600 . 00 Security features © Inchxletl lDetads on back Three Thousand Six Hundred And 00/100 Dollars L JPMorgan Chase Bank NA, Chicago, IL Authorized Signatures Hello